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S04807 Summary:

BILL NOS04807
 
SAME ASNo Same As
 
SPONSORSTAVISKY
 
COSPNSR
 
MLTSPNSR
 
Amd §§6527, 6802, 6809 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012
 
Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older.
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S04807 Actions:

BILL NOS04807
 
02/12/2021REFERRED TO HEALTH
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S04807 Memo:

Memo not available
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S04807 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4807
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 12, 2021
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the education law, in relation to  pharmacist  immuniza-
          tions;  to  amend chapter 563 of the laws of 2008, amending the educa-
          tion law and the public health law relating to immunizing agents to be
          administered to adults by pharmacists, in relation to  the  effective-
          ness  thereof;  and to amend chapter 116 of the laws of 2012, amending
          the education law relating to authorizing a  licensed  pharmacist  and
          certified  nurse practitioner to administer certain immunizing agents,
          in relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  7  of  section 6527 of the education law, as
     2  amended by chapter 46 of the  laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    7.  A  licensed  physician  may prescribe and order a patient specific
     5  order or non-patient specific regimen to a licensed pharmacist, pursuant
     6  to regulations promulgated by the commissioner, and consistent with  the
     7  public health law, for administering immunizations to prevent influenza,
     8  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
     9  pertussis  disease  and for patients eighteen years of age or older, any
    10  other immunizations recommended by the advisory committee  on  immuniza-
    11  tion  practices  of  the  Centers for Disease Control and Prevention and
    12  medications required for emergency treatment of anaphylaxis. Nothing  in
    13  this subdivision shall authorize unlicensed persons to administer immun-
    14  izations, vaccines or other drugs.
    15    § 2. Subdivision 7 of section 6527 of the education law, as amended by
    16  chapter 110 of the laws of 2020, is amended to read as follows:
    17    7.  A  licensed  physician  may prescribe and order a patient specific
    18  order or non-patient specific regimen to a licensed pharmacist, pursuant
    19  to regulations promulgated by the commissioner, and consistent with  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09371-01-1

        S. 4807                             2
 
     1  public health law, for administering immunizations to prevent influenza,
     2  pneumococcal,  acute  herpes zoster, meningococcal, tetanus, diphtheria,
     3  COVID-19, or pertussis disease and for patients eighteen years of age or
     4  older,  any other immunizations recommended by the advisory committee on
     5  immunization practices of the Centers for Disease Control and Prevention
     6  and medications required for emergency treatment of anaphylaxis. Nothing
     7  in this subdivision shall authorize  unlicensed  persons  to  administer
     8  immunizations, vaccines or other drugs.
     9    §  3.  Subdivision 22 of section 6802 of the education law, as amended
    10  by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
    11  read as follows:
    12    22. "Administer", for the purpose of section sixty-eight  hundred  one
    13  of this article, means:
    14    a. the direct application of an immunizing agent to adults, whether by
    15  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    16  patient specific order or non-patient  specific  regimen  prescribed  or
    17  ordered by a physician or certified nurse practitioner, [who has a prac-
    18  tice site in the county or adjoining county in which the immunization is
    19  administered,]  for  immunizations  to  prevent influenza, pneumococcal,
    20  acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
    21  disease  and  for  patients  eighteen  years  of age or older, any other
    22  immunizations recommended by  the  advisory  committee  on  immunization
    23  practices  of the Centers for Disease Control and Prevention and medica-
    24  tions required for emergency treatment of anaphylaxis.  If  the  commis-
    25  sioner  of  health  determines  that there is an outbreak of disease, or
    26  that there is the imminent threat of an outbreak of  disease,  then  the
    27  commissioner of health may issue a non-patient specific regimen applica-
    28  ble statewide.
    29    b.  the  direct application of an immunizing agent to children between
    30  the ages of two and eighteen years of age, whether by injection,  inges-
    31  tion,  inhalation  or  any  other  means, pursuant to a patient specific
    32  order or non-patient specific regimen prescribed or ordered by a  physi-
    33  cian  or  certified  nurse practitioner, [who has a practice site in the
    34  county or adjoining county in which the immunization  is  administered,]
    35  for immunization to prevent influenza and medications required for emer-
    36  gency  treatment of anaphylaxis resulting from such immunization. If the
    37  commissioner of health determines that there is an outbreak of  influen-
    38  za,  or  that  there is the imminent threat of an outbreak of influenza,
    39  then the commissioner of health may issue a non-patient specific regimen
    40  applicable statewide.
    41    § 4. Subdivision 22 of section 6802 of the education law,  as  amended
    42  by chapter 110 of the laws of 2020, is amended to read as follows:
    43    22.  "Administer",  for the purpose of section sixty-eight hundred one
    44  of this article, means:
    45    a. the direct application of an immunizing agent to adults, whether by
    46  injection, ingestion, inhalation or  any  other  means,  pursuant  to  a
    47  patient  specific  order  or  non-patient specific regimen prescribed or
    48  ordered by a physician or certified nurse practitioner, [who has a prac-
    49  tice site in the county or adjoining county in which the immunization is
    50  administered,] for immunizations  to  prevent  influenza,  pneumococcal,
    51  acute  herpes  zoster,  meningococcal, tetanus, diphtheria, COVID-19, or
    52  pertussis disease and for patients eighteen years of age or  older,  any
    53  other  immunizations  recommended by the advisory committee on immuniza-
    54  tion practices of the Centers for Disease  Control  and  Prevention  and
    55  medications  required  for  emergency  treatment  of anaphylaxis. If the
    56  commissioner of health determines that there is an outbreak of  disease,

        S. 4807                             3
 
     1  or that there is the imminent threat of an outbreak of disease, then the
     2  commissioner of health may issue a non-patient specific regimen applica-
     3  ble statewide.
     4    b.  the  direct application of an immunizing agent to children between
     5  the ages of two and eighteen years of age, whether by injection,  inges-
     6  tion,  inhalation  or  any  other  means, pursuant to a patient specific
     7  order or non-patient specific regimen prescribed or ordered by a  physi-
     8  cian  or  certified  nurse practitioner, [who has a practice site in the
     9  county or adjoining county in which the immunization  is  administered,]
    10  for immunization to prevent influenza and medications required for emer-
    11  gency  treatment of anaphylaxis resulting from such immunization. If the
    12  commissioner of health determines that there is an outbreak of  influen-
    13  za,  or  that  there is the imminent threat of an outbreak of influenza,
    14  then the commissioner of health may issue a non-patient specific regimen
    15  applicable statewide.
    16    § 5. Subdivision 7 of section 6909 of the education law, as amended by
    17  chapter 46 of the laws of 2015, is amended to read as follows:
    18    7. A certified nurse practitioner may prescribe and  order  a  patient
    19  specific order or non-patient specific regimen to a licensed pharmacist,
    20  pursuant  to regulations promulgated by the commissioner, and consistent
    21  with the public health law, for administering immunizations  to  prevent
    22  influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
    23  diphtheria or pertussis disease and for patients eighteen years  of  age
    24  or  older, any other immunizations recommended by the advisory committee
    25  on immunization  practices  of  the  Centers  for  Disease  Control  and
    26  Prevention  and  medications required for emergency treatment of anaphy-
    27  laxis. Nothing in this subdivision shall authorize unlicensed persons to
    28  administer immunizations, vaccines or other drugs.
    29    § 6. Subdivision 7 of section 6909 of the education law, as amended by
    30  chapter 110 of the laws of 2020, is amended to read as follows:
    31    7. A certified nurse practitioner may prescribe and  order  a  patient
    32  specific order or non-patient specific regimen to a licensed pharmacist,
    33  pursuant  to regulations promulgated by the commissioner, and consistent
    34  with the public health law, for administering immunizations  to  prevent
    35  influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
    36  diphtheria, COVID-19, or pertussis disease  and  for  patients  eighteen
    37  years  of age or older, any other immunizations recommended by the advi-
    38  sory committee on immunization practices  of  the  Centers  for  Disease
    39  Control  and Prevention and medications required for emergency treatment
    40  of anaphylaxis. Nothing in this subdivision shall  authorize  unlicensed
    41  persons to administer immunizations, vaccines or other drugs.
    42    § 7. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    43  tion  law  and the public health law relating to immunizing agents to be
    44  administered to adults by pharmacists, as amended by section 18 of  part
    45  BB of chapter 56 of the laws of 2020, is amended to read as follows:
    46    §  8.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law [and shall expire  and  be  deemed  repealed  July  1,
    48  2022].
    49    § 8. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    50  tion  law  relating  to  authorizing a licensed pharmacist and certified
    51  nurse practitioner to administer certain immunizing agents,  as  amended
    52  by  section  19 of part BB of chapter 56 of the laws of 2020, is amended
    53  to read as follows:
    54    § 5. This act shall take effect on the ninetieth day  after  it  shall
    55  have  become  a law[, provided, however, that the provisions of sections

        S. 4807                             4

     1  one, two and four of this act shall expire and be deemed  repealed  July
     2  1, 2020 provided, that:
     3    (a)  the  amendments to subdivision 7 of section 6527 of the education
     4  law made by section one of this act shall not affect the repeal of  such
     5  subdivision and shall be deemed to be repealed therewith;
     6    (b)  the  amendments to subdivision 7 of section 6909 of the education
     7  law, made by section two of this act shall not affect the repeal of such
     8  subdivision and shall be deemed to be repealed therewith;
     9    (c) the amendments to subdivision 22 of section 6802 of the  education
    10  law  made  by  section  three of this act shall not affect the repeal of
    11  such subdivision and shall be deemed to be repealed therewith; and
    12    (d) the amendments to section  6801  of  the  education  law  made  by
    13  section four of this act shall not affect the expiration of such section
    14  and shall be deemed to expire therewith].
    15    §  9.  This act shall take effect immediately, provided, however, that
    16  sections two, four and six of this act shall take  effect  on  the  same
    17  date  and  in  the  same manner as chapter 110 of the laws of 2020 takes
    18  effect and shall expire and be deemed repealed pursuant to section  four
    19  of chapter 110 of the laws of 2020.
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